Senate Bill sb1294er

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    2004 Legislature          CS for CS for SB 1294, 1st Engrossed



  1                                 

  2         An act relating to the Florida Pharmacy Act;

  3         amending s. 465.003, F.S.; defining the term

  4         "automated pharmacy system" for purposes of the

  5         Florida Pharmacy Act; amending s. 465.015,

  6         F.S.; providing that it is unlawful for a

  7         person, firm, or corporation that is not

  8         licensed or registered under the act to use

  9         certain terms implying that the person, firm,

10         or corporation is so licensed or registered, or

11         to hold himself or herself out as licensed or

12         registered to practice pharmacy in this state;

13         providing penalties; creating s. 465.0235,

14         F.S.; authorizing a pharmacy to provide

15         services to a long-term care facility or

16         hospice licensed under ch. 400, F.S., or a

17         state correctional institution operated under

18         ch. 944, F.S., through an automated pharmacy

19         system; providing that drugs delivered from an

20         automated pharmacy system are considered to

21         have been dispensed by the pharmacy that

22         services a long-term care facility, hospice, or

23         correctional institution; requiring that the

24         operation of an automated pharmacy system be

25         under the supervision of a pharmacist;

26         providing legislative intent relating to

27         automated pharmacy systems; requiring the Board

28         of Pharmacy to adopt rules; amending s.

29         465.026, F.S.; authorizing a community pharmacy

30         to transmit a prescription for a Schedule II

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    2004 Legislature          CS for CS for SB 1294, 1st Engrossed



 1         medicinal drug under certain conditions;

 2         providing an effective date.

 3  

 4  Be It Enacted by the Legislature of the State of Florida:

 5  

 6         Section 1.  Subsection (17) is added to section

 7  465.003, Florida Statutes, to read:

 8         465.003  Definitions.--As used in this chapter, the

 9  term:

10         (17)  "Automated pharmacy system" means a mechanical

11  system that delivers prescription drugs received from a

12  Florida licensed pharmacy and maintains related transaction

13  information.

14         Section 2.  Paragraph (c) is added to subsection (3) of

15  section 465.015, Florida Statutes, and subsection (4) of that

16  section is amended, to read:

17         465.015  Violations and penalties.--

18         (3)

19         (c)  It is unlawful for a person, firm, or corporation

20  that is not licensed or registered under this chapter to:

21         1.  Use in a trade name, sign, letter, or advertisement

22  any term, including "drug," "pharmacy," "prescription drugs,"

23  "Rx," or "apothecary," which implies that the person, firm, or

24  corporation is licensed or registered to practice pharmacy in

25  this state.

26         2.  Hold himself or herself out to others as a person,

27  firm, or corporation licensed or registered to practice

28  pharmacy in this state.

29         (4)  Any person who violates any provision of

30  subsection (1) or subsection (3) commits is guilty of a

31  misdemeanor of the first degree, punishable as provided in s.


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    2004 Legislature          CS for CS for SB 1294, 1st Engrossed



 1  775.082 or s. 775.083. Any person who violates any provision

 2  of subsection (2) commits is guilty of a felony of the third

 3  degree, punishable as provided in s. 775.082, s. 775.083, or

 4  s. 775.084. In any warrant, information, or indictment, it

 5  shall not be necessary to negative any exceptions, and the

 6  burden of any exception shall be upon the defendant.

 7         Section 3.  Section 465.0235, Florida Statutes, is

 8  created to read:

 9         465.0235  Automated pharmacy systems used by long-term

10  care facilities, hospices, or state correctional

11  institutions.--

12         (1)  A pharmacy may provide pharmacy services to a

13  long-term care facility or hospice licensed under chapter 400

14  or a state correctional institution operated under chapter 944

15  through the use of an automated pharmacy system that need not

16  be located at the same location as the pharmacy.

17         (2)  Medicinal drugs stored in bulk or unit of use in

18  an automated pharmacy system servicing a long-term care

19  facility, hospice, or correctional institution are part of the

20  inventory of the pharmacy providing pharmacy services to that

21  facility, hospice, or institution, and drugs delivered by the

22  automated pharmacy system are considered to have been

23  dispensed by that pharmacy.

24         (3)  The operation of an automated pharmacy system must

25  be under the supervision of a Florida-licensed pharmacist. To

26  qualify as a supervisor for an automated pharmacy system, the

27  pharmacist need not be physically present at the site of the

28  automated pharmacy system and may supervise the system

29  electronically. The Florida-licensed pharmacist shall be

30  required to develop and implement policies and procedures

31  designed to verify that the medicinal drugs delivered by the


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 1  automated dispensing system are accurate and valid and that

 2  the machine is properly restocked.

 3         (4)  The Legislature does not intend this section to

 4  limit the current practice of pharmacy in this state. This

 5  section is intended to allow automated pharmacy systems to

 6  enhance the ability of a pharmacist to provide pharmacy

 7  services in locations that do not employ a full-time

 8  pharmacist. This section does not limit or replace the use of

 9  a consultant pharmacist.

10         (5)  The board shall adopt rules governing the use of

11  an automated pharmacy system by January 1, 2005, which must

12  specify:

13         (a)  Recordkeeping requirements;

14         (b)  Security requirements; and

15         (c)  Labeling requirements that permit the use of

16  unit-dose medications if the facility, hospice, or institution

17  maintains medication-administration records that include

18  directions for use of the medication and the automated

19  pharmacy system identifies:

20         1.  The dispensing pharmacy;

21         2.  The prescription number;

22         3.  The name of the patient; and

23         4.  The name of the prescribing practitioner.

24         Section 4.  Subsection (7) is added to section 465.026,

25  Florida Statutes, to read:

26         465.026  Filling of certain prescriptions.--Nothing

27  contained in this chapter shall be construed to prohibit a

28  pharmacist licensed in this state from filling or refilling a

29  valid prescription which is on file in a pharmacy located in

30  this state or in another state and has been transferred from

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    2004 Legislature          CS for CS for SB 1294, 1st Engrossed



 1  one pharmacy to another by any means, including any electronic

 2  means, under the following conditions:

 3         (7)  A community pharmacy licensed under this chapter

 4  which only receives and transfers prescriptions for dispensing

 5  by another pharmacy may transfer a prescription for a

 6  medicinal drug listed in Schedule II under chapter 893. The

 7  pharmacy receiving the prescription may ship, mail, or deliver

 8  into this state, in any manner, the dispensed Schedule II

 9  medicinal drug under the following conditions:

10         (a)  The pharmacy receiving and dispensing the

11  transferred prescription maintains at all times a valid,

12  unexpired license, permit, or registration to operate the

13  pharmacy in compliance with the laws of the state in which the

14  pharmacy is located and from which the medicinal drugs are

15  dispensed;

16         (b)  The community pharmacy and the receiving pharmacy

17  are owned and operated by the same person and share a

18  centralized database; and

19         (c)  The community pharmacy assures its compliance with

20  the federal laws and subsections (1)-(5).

21         Section 5.  This act shall take effect upon becoming a

22  law.

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